No one left behind: Safety for all students.
Every young person deserves to be respected at school, no matter who they are. We all want youth to be safe in educational spaces where parents are included, and learning can thrive.
In early 2023, the Department of Education and Early Childhood Development in New Brunswick changed Policy 713 to dismantle safeguards for transgender and gender-diverse students. By removing protections for transgender and gender-diverse youth to use their chosen names and restricting their participation in extracurricular activities like sports, the province drummed up fear and targeted one of the most marginalized groups in our communities. This decision impacts our teachers’ abilities to teach, and harms children’s chances to learn. It is fuelled by misinformation and ignores years of expert advice from school divisions, families and youth. The revisions in Policy 713 specifically target transgender and gender-diverse youth by exposing them to restrictive rules that do not apply to cisgender students. This intentional discrimination within the policy exposes trans and gender-diverse students to increased risk of harm and surveillance comprising their access to a safe learning environment and school community.
In response, in May 2024, Egale Canada, along with New Brunswick-based 2SLGBTQI organizations Alter Acadie, Chroma NB, and Imprint Youth, have been granted leave to intervene as added parties in litigation challenging the Government of New Brunswick’s changes to Policy 713. Read their press release and learn more about the case here.
Why Do the Changes to Policy 713 Matter?
The original 2020 version of Policy 713 intended to create barrier-free and inclusive school environments for students, families, and allies who identify as 2SLGBTQ+.[1] Developed through a consultative process, the original Policy 713 was informed through evidence from experts and community stakeholders – including students.
The targeted policy revisions in 2023 violate students’ Charter rights to liberty and security of the person, equality rights, and freedom of expression for trans and gender-diverse students.[2] The revision also potentially endangers the lives of trans and gender-diverse youth, forcing them to come out to their parents before they are comfortable doing so or exposing them to ridicule and bullying from their peers. Schools are meant to be safe spaces for students to discover who they are. For gender-diverse students in particular, it may be one of the few spaces they feel comfortable doing so. This policy further removes support for students who are already marginalized.
Action Canada’s Response: Comprehensive Sexuality Education is a Human Right
The changes to Policy 713 have also prompted a review of the province’s sexual education curriculum and its framing of gender identity. The conflation of Policy 713, meant to protect the human rights of 2SLGBTQ+ students, and the school curriculum of sexuality education puts all New Brunswick students at risk of misinformation.
It is crucial to refocus our attention on the full scope of comprehensive sex education (CSE) and its pivotal role in creating a safer, healthier future for all youth. CSE creates safer schools for all youth, including trans, gender-diverse, and queer youth. CSE gives students the knowledge and skills to be themselves, challenges rigid gender norms, and reduces homophobic and transphobic violence, sexual violence, and gender-based discrimination.[3] It also provides youth with the tools to foster healthy relationships, build their self-esteem, and communicate their boundaries. . CSE isn't just about sex or gender identities, but is a holistic approach to education that benefits all students and their communities.
CSE is recognized as a basic human right of all children and youth. It must be evidence-based, gender-sensitive, sex-positive, and 2SLGBTQ+ inclusive for all students. Federal and provincial governments have an obligation to ensure all young people are provided with quality sex-ed and failure to do so is a human rights violation.[4]
"We are very concerned to see this trend across the country of governments who are introducing new policies, new legislation, that will limit access to key health information to health care for different populations. And that basically infringes on many people's rights. This is something that we're seeing rapidly escalating across Canada," — Frédérique Chabot, executive director of Action Canada for Sexual Health and Rights.
New Brunswick’s revisions to Policy 713 are contextualized within a larger trend across Canada targeting how students learn about gender diversity and sexual health. Several provinces are rolling back protections for 2SLGBTQ+ youth in schools and limiting access to comprehensive sexuality education by making it opt-in, creating bureaucratic barriers for approving sex-ed materials, and barring sexual health centers from entering schools. This trend speaks to the need for national coordination and federal oversight to ensure Canada is meeting its human right obligations to guarantee access to comprehensive sexuality education for all students.
Access to education should not depend on political opinions but on evidence-based best practices. When it comes to our children’s education, we trust facts over scare tactics. Action Canada recommends that all provinces and territories have policies that support equitable access to sex-ed. This includes consulting diverse experts to inform what the curricula looks like and the ways it is taught.
We also recommend provinces dedicate funds to support educators and experts in the delivery of sex education in schools. By working as a community, we can ensure that every student, parent, and educator feels safe, respected, and empowered. Together we can build healthy communities and make a stronger future for everyone.
Learn more about Chroma NB, Alter Acadie, Imprint Youth, and Canadian Civil Liberties Association v. New Brunswick.
Learn more about our new campaign in New Brunswick to fight misinformation and polarization.
[1] Government of New Brunswick. “Policy 713: Sexual Orientation and Gender Identity”. Available at: https://www2.gnb.ca/content/dam/gnb/Departments/ed/pdf/K12/policies-politiques/e/713-2023-07-01.pdf
[2] Canadian Civil Liberties Association. “Policy 713: Respect the Rights of Trans and gender diverse students”. Available at: https://ccla.org/major-cases-and-reports/policy-713/
[3] Action Canada for Sexual Health and Rights. “The State of Sex-Ed in Canada”. Available at: https://www.actioncanadashr.org/resources/reports-analysis/2020-04-03-state-sex-ed-report
[4] United Nations Human Rights Council. “Universal Periodic Review - Canada”. Available at https://www.ohchr.org/en/hr-bodies/upr/ca-index